Dean James Jenkins: Baseball Pioneer

Next week marks both the opening day of the baseball season in Milwaukee and the finals of the Jenkins Moot Court competition.  Few recognize the historical connection between these two events.

The moot court competition is named for James G. Jenkins, the first dean of the Law School whose bust adorns the waiting area outside the elevator stop on the second floor of Sensenbrenner Hall.  What is not very well known is that Jenkins was also instrumental in the re-establishment of baseball in Milwaukee after the Civil War.

The first modern baseball club, i.e., one playing by the so-called New York rules that mark the beginning of baseball as we now know it, was established in Milwaukee in 1860.  This amateur organization, known as the Milwaukee Baseball Club, featured more members of the bar than any other occupation.  Jenkins arrived in Milwaukee (from New York) in 1857, and was probably a member of this first club.

Unfortunately, the Milwaukee Baseball Club folded during the Civil War, and Milwaukee reverted to the status of a “city with no modern baseball club.”  However, baseball was restored on August 17, 1865, when a new club was organized headed by stationer H. H. West and lawyers Samuel Howard and  James G. Jenkins.  When the club reorganized in October with a written constitution and by-laws, West and Jenkins were elected president and vice-president of the club, now dubbed the Cream City Baseball Club of Milwaukee.  (Cream city referred to the distinctive color of bricks widely used in the construction of mid-nineteenth-century Milwaukee.)

The new club’s first game was played on November 7, 1865, and was the result of a challenge from a group of young baseball enthusiasts (many of which were also members of the Cream City club).  The challengers batted first, and when the Cream City club took the field, who should be on the mound but our own James G. Jenkins?  When it was the home team’s turn to bat, Jenkins also led off the batting order.

The game was scheduled for nine innings, but was called after seven because of darkness.  Pitching underhanded in the style of the time, the 31-year old Jenkins took a 14-10 lead into the fourth inning before his opponents really figured out his pitching.  Jenkins gave up ten runs in the fourt and eleven more in the sixth, and while the Cream City players had no trouble scoring runs themselves, they ended up on the short end a 36-30 score.

Early box scores recorded only name, position, runs, and outs made, but Jenkins appears to have had a successful day at the plate (which was square), scoring four runs and making only 2 outs.

A number of additional matches were played that November, and in April of 1866, the club organized for the new season in Jenkins’ office.  (He was then the Milwaukee city attorney.)  However, the level of Jenkins’ involvement with the club as both an official and a player began to wane after that.  His focus increasingly turned to politics, and though unsuccessful, he was later the candidate of the Democratic Party for governor and the United States Senate.  He did go on to a lengthy career as a federal judge and ended his public career as the dean of the Marquette Law School from 1908 to 1916.

Much of this information is taken from Dennis Pajot’s wonderful new book, The Rise of Milwaukee Baseball: The Cream City from Midwestern Outpost to the Major Leagues, 1859-1901 (McFarland & Company 2009).  For a biographical profile of Jenkins, see here.

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A Snapshot of the Marquette Law School in 1967

marqunBarron’s Educational Series, a leading publisher of college guides, published its first “Guide to Law Schools” in 1967.  Its profile of Marquette, one of the then 133 ABA accredited law schools, provides a picture of a law school that differs from its modern counterpart in a number of ways.  The information below was provided to Barron’s by Dean Robert H. Boden.

Size and Structure:  The school offered only a 3-year Day Division program, and the total enrollment at the school was only  260 students.

Make-up of the Student Body: Women made up only 3% of the student body—eight students. (While this was below the national average, significantly less than 10% of all law students in the mid-1960’s were female.)  Three quarters of the student body was from Wisconsin.

Faculty: The faculty consisted of 10 full-time and seven part-time instructors.  Dean Boden was in his second year as dean.  Members of the faculty included current emeritus professors Jim Ghiardi and Ray Klitzke, and Wally McBain, who passed away last year.

Library: The current law library had not yet been constructed, and the library was housed on the third floor of Sensenbrenner Hall.  Holdings totaled 54,000 volumes.

Tuition:  Tuition was $1150 per year, or $40 per credit hour.

Admissions Standards:  Applicants had only to have completed three years of college.  Would-be students were required to take the LSAT, but the school reported that primary emphasis was placed on college grades.  Fifty percent of applicants were accepted, and applicants who ranked in the top 40% of their college classes were likely to secure admission.  While applicants were encouraged to apply for admission for the fall semester, admission in the middle of the year was possible.

Placement:  There was no placement director, but a member of the full-time faculty supervised a “Placement Bureau,” which assisted students in obtaining post-law school employment.  The law school and the student bar association also published an annual “placement digest,” which contained photographs and profiles of all graduating students.  The document was distributed to law firms in the Midwest.

Degree Awarded:  The law school awarded the degree of LL.B. (bachelor of laws) to its graduates.  However, Barron’s reported that the school was considering switching the title of its degree to J.D.  (There was a national movement in the 1960’s from the LL.B. to the J.D.)  The Marquette degree qualified its holders for automatic admission to the Wisconsin Bar under the diploma privilege, as it had since 1933.  At this time, the Wisconsin Supreme Court rules required only a law degree from Marquette or the University of Wisconsin and did not stipulate any specific courses as a prerequisite for admission.

Required Courses:  Ninety credits were required for graduation.  In addition to the traditional first year courses, Civil Procedure, Constitutional Law, Contracts, Criminal Law, Legal Bibliography, Property, and Torts, students were required to take Advanced Contracts, Agency and Partnership, Appellate Practice, Business Organizations, Ethics, Evidence, Federal Income Taxation, Introduction to Law, Jurisprudence, Sales, Trial Practice, Trusts and Estates, and one of Administrative Law, Labor Law, or Trade Regulations.  Moot Court participation was also mandatory.  Grades were numerical.

Financial Aid.  There were 32 full-time scholarships available each year, but this appears to have been the extent of financial aid.  Only 12-15% of the student body received financial assistance.

Legal Fraternites:  Chapters of Delta Theta Phi, Phi Alpha Delta, and Phi Delta Phi were active at the law school and appear to have played an important role in student life.

The Barron’s guide classified law schools as either “national,” “regional,” or “state.”  These classifications were based on the origins of a school’s student body and the focus of its curriculum.  Marquette was classified as a “regional” law school.  By way of contrast, the University of Wisconsin was a “national” law school, while DePaul, Loyola of Chicago, and Chicago-Kent were “state” law schools.

The guide also sought to classify schools as “most selective,” “highly selective,” “selective,” and “varying standards.”  Marquette fell into the latter category, but it appears that the guide relied on ambiguous, non-statistical information supplied by the school’s themselves to make these determinations.  Marquette’s ranking may also have been affected by the fact that it did not require its students to have earned undergraduate degrees, although by 1967 virtually all did.

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Giant of the Law Received His Legal Training at Marquette

By the time he enrolled in Marquette Law School in 1942, Clifford Thompson had already lived a remarkable life. Reputedly 8 feet, 7 inches tall, Thompson had become internationally famous as a circus performer and Hollywood actor, but he had also spent much of his life as a dairy farmer and a travelling spokesman for Milwaukee’s Blatz Beer. He also liked skiing and basketball.

In spite of his remarkable height, he managed to live a surprisingly normal life. Twice married to women more than three feet shorter than he, Thompson decided to become a lawyer in his late 30’s. He completed the law course at Marquette in two years, graduating as a member of the war-time Class of 1944. He subsequently practiced law in Wisconsin, California, and Oregon.

A detailed account of his life and times, including photographs, can be found here.

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